Donohue v. State
Donohue v. State
Opinion of the Court
Donohue appeals from a judgment and sentence after a jury found him guilty of second degree grand theft
Both sides agree that costs were improperly imposed without prior notice to Dono-hue, and that this portion of the sentence should be quashed. Wood v. State, 544 So.2d 1004 (Fla. 1989); Mays v. State, 519 So.2d 618 (Fla. 1988).
The sentence provides that restitution of $14,400 is to be paid “at a rate to be determined by your Probation Officer.” A probation officer may monitor a probationer’s economic circumstances during the probationary period, notify the court when a probationer appears to have the ability to commence restitution repayment, and furnish the court with a recommended repayment schedule. However, the determination of the probationer’s ability to pay is a nondelegable judicial responsibility.
Thus, we quash the imposition of costs and that portion of the sentence directing Donohue’s probation officer to set a restitution repayment schedule, and we remand the sentence to the trial court to make appropriate corrections in accordance with this opinion.
AFFIRMED in part; QUASHED in part; and REMANDED with directions.
. § 812.014(1) and (2)(c), Fla.Stat. (1985).
. Likewise, the determination of the amount of restitution is a nondelegable judicial determination. Fresneda v. State, 347 So.2d 1021 (Fla. 1977); Ballance v. State, 447 So.2d 974 (Fla. 1st DCA 1984).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.